Hardee's robber is given 37 years

Payne fails to convince judge of innocence during sentencing hearing.

Payne fails to convince judge of innocence during sentencing hearing.

June 29, 2006|LEAH BOYD Tribune Staff Writer

ST. JOSEPH -- He still claims he's innocent. But his claim wasn't enough to convince a jury, and it didn't stop the judge from sentencing him to a minimum of more than 37 years in prison. George Calvin Payne III, 30, of Niles, stood in a Berrien County Trial Court room before his sentencing Wednesday and told Judge Gary Bruce he wasn't involved in the Dec. 11 armed robbery of a Hardee's Restaurant in Niles -- about a month after a jury decided otherwise. "I believe there is no evidence to prove my guilt without a doubt," he said. "I'm asking for at least a fair trial." Payne claimed his being found guilty on two counts of armed robbery was the result of a plea agreement testimony from Roy David Floyd Jr., of Niles, who was sentenced to a five-year term as Payne's accomplice after convincing the jury that Payne was the "mastermind" behind the robbery. Bruce didn't buy it. "All I can say is that the jury found you guilty," he said. "I believe the evidence against you without Mr. Floyd is overwhelming." Sentencing guidelines suggested a minimum sentencing of between 135 and 455 months in prison. Bruce chose the higher end and sentenced Payne to a minimum of 450 months (37.5 years) and a maximum of 50 years for both counts of the crime. Payne's defense attorney, Robert Lutz, argued for a minimum of five years. "To this day he denies being involved in the robbery," Lutz said. "This is the first time he's had a trial -- he's always pleaded guilty in the past. I really think the court should take into account that going to trial is out of character and that must mean something." Assistant Prosecuting Attorney Kelly Travis disagreed and said Payne's record shows he is not willing to change. "Clearly George has a lengthy previous record," she said. "Mr. Payne continues to make bad decisions. ... The only reasonable thing to do would be to put him in jail the longest possible time." Considering Payne's three previous felonies and 13 misdemeanors, Bruce agreed with Travis and said the best place for Payne is not in society. "Your behavior has escalated to a point where the community needs to be protected from you," he told Payne. At the same sentencing, Bruce also sentenced Payne to a minimum of 29 months, the highest minimum sentencing suggested, and a maximum of 48 months for attempting to flee from a Berrien County Jail van at the South County Building in Niles on the opening day of his trial. Payne had no comments to the judge on this matter. Staff writer Leah Boyd: lboyd@sbtinfo.com (269)687-7000